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DA must prove DeLay purposely avoided fund ban
Houston Chronicle ^ | Dec. 12, 2005 | R.G. RATCLIFFE

Posted on 12/12/2005 1:36:26 PM PST by george76

Nothing shows a scheme existed, the defense says

To get a conviction against U.S. Rep. Tom DeLay and two associates, Travis County prosecutors will have to prove the men knowingly raised or converted corporate cash with the intent of getting around the state's ban on using such money in campaigns for elective office.

DeLay's top lawyer, Dick DeGuerin of Houston, said prosecutors lack the evidence to prove any such scheme occurred.

The road map for what prosecutors will need to prove to get a conviction in DeLay's case was clearly spelled out in a ruling last week by Senior District Judge Pat Priest.

The case against DeLay, Ellis and Colyandro essentially is an alleged campaign finance violation focused on a state law that prohibits corporate money from being used in campaigns for elective office.

Corporate money can be legally raised by a political committee to pay for administrative expenses.

Republican lawyers have argued the definition of administrative expenses is vague, while Earle has said it is clearly meant to cover only rent and utility bills.

(Excerpt) Read more at chron.com ...


TOPICS: Business/Economy; Front Page News; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: Texas
KEYWORDS: 109th; bush; bush43; deguerin; delay; earle; hillary; scotus
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1 posted on 12/12/2005 1:36:27 PM PST by george76
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To: george76
Dream on rats. The Hammer will prevail over ultra-crooked democrat partisan riff-raff.


2 posted on 12/12/2005 1:41:47 PM PST by FormerACLUmember
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To: george76

Perhaps this is why the judge allowed this one to stand. IIRC, Like Kay Bailey Hutchison, the judge would not allow a withdrawal or dismissal, he made sure it ended up in a "not guilty", knowing that Earle could not prove his case.

Double-jeopardy kind of thing.


3 posted on 12/12/2005 1:43:08 PM PST by digger48
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To: digger48

Earle and his friends likely think that every month that they keep Delay away from the leadership in the House is a win, even when the rats loose the lawsuit.


4 posted on 12/12/2005 1:46:49 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Ronnie Earle's case isnt about breaking the law or collecting funds . Its about keeping Tom Delay away from his job.

Now I dont know if its against the law to deliberately use the law to to keep a Member,in this case a leading member, in fact the Majority leader,of the House of Representatives away from his job because of partisan politics. But certainly it is in violation of every code of ethics ever devised and certainly one of the dirtiest tricks the Dimocrats have ever used. This is what happens when one party has ethics and the other doesnt.
You see if Tom Delay were a Dimocrat he wouldnt have had to step down from his job. But the Republicans thought they were contributing to better government by making this a rule. The Dimocrats turned the Republicans ethics against them. Dimocrats have no ethics.


5 posted on 12/12/2005 1:47:05 PM PST by sgtbono2002
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To: george76
To get a conviction against U.S. Rep. Tom DeLay and two associates, Travis County prosecutors will have to prove the men knowingly raised or converted corporate cash with the intent of getting around the state's ban on using such money in campaigns for elective office.

I wish someone would create a pic of Ronnie Earle paging the Thought Police.

6 posted on 12/12/2005 1:48:44 PM PST by demkicker
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To: george76

The problem for Tom Delay is that he is being tried in a jurisdiction where Earl can get a ham sandwich indicted. I hope his attorney can get the trial moved.


7 posted on 12/12/2005 1:52:01 PM PST by Brad from Tennessee (Anything a politician gives you he has first stolen from you)
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To: sgtbono2002

I agree.

Even if Delay can later sue Earle for a wrongful prosecution, etc....the rats have won a victory by keeping Delay away from his leadership and denying America one of their true leaders in a time of war (treason by the DUmmies?).


8 posted on 12/12/2005 1:54:37 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

I think that was their intention and motivation all along.

What sucks, is that it's working.


9 posted on 12/12/2005 1:57:05 PM PST by digger48
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To: Brad from Tennessee
The problem for Tom Delay is that he is being tried in a jurisdiction where Earl can get a ham sandwich indicted. I hope his attorney can get the trial moved.

Even in that jurisdiction it seems like it took 3 grand juries to get the results Earl wanted. In a real trial, DeLay will have a defense and some choice on who sits on the jury.

10 posted on 12/12/2005 1:57:12 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: digger48

Did Dick DeGuerin of Houston represent Kay Bailey Hutchison against Earle...and win ?


11 posted on 12/12/2005 1:57:49 PM PST by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

I believe it WAS him.


12 posted on 12/12/2005 2:00:34 PM PST by digger48
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To: digger48
What sucks, is that it's working.

It is because the pubbies let these things happen w/o any retribution. GW should have gone after the Klintoons. Every liberal group along with Jessie HIGHjackson should have had a strict IRS audit. The liberal/commie/scums will always attack &* only a strong opposition will slow their endeavors down.

13 posted on 12/12/2005 2:11:08 PM PST by Digger (Outsource CONgress)
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To: george76

Why did you excerpt this? That is such a pain and totally unnecessary with the Houston Chronicle.


14 posted on 12/12/2005 2:12:01 PM PST by Ninian Dryhope
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To: Charles Henrickson; demkicker

"I wish someone would create a pic of Ronnie Earle paging the Thought Police."

Charles, I KNOW you could do that...


15 posted on 12/12/2005 2:14:42 PM PST by Purrcival (Ramsey Clark is a traitor and a fool.)
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To: sgtbono2002
Now I dont know if its against the law to deliberately use the law to to keep a Member,in this case a leading member, in fact the Majority leader,of the House of Representatives away from his job because of partisan politics.

Some years ago, the U.S. Constitution supposedly had some connection to our legal system (some older rumors labeled it the Supreme Law of the Land). If any of those rumors were true, then the following might apply:

the "arrest clause," contained in Article I, section 6, clause 1 of the U.S. Constitution. It reads:

Senators and Representatives . . . shall in all cases except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Sessions of their respective Houses, and in going to and returning from the same;

The origins of this provision stemmed from fears that Members of Congress might be arrested or detained in order to prevent them from casting a specific vote, or out of sheer harassment by their enemies.

16 posted on 12/12/2005 2:16:20 PM PST by meadsjn
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To: meadsjn

I would say that what they are doing to Tom Delay violates the spirit of that law, but I doubt that law would cover the situation.


17 posted on 12/12/2005 2:28:12 PM PST by sgtbono2002
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To: Digger

"GW should have gone after the Klintoons."
GW sshould but he can't. There is this little matter of Mena, Ar. With the FBI files in klinton's hands, they must play nice with him.


18 posted on 12/12/2005 3:00:25 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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To: Purrcival; Charles Henrickson

Oh please, Charles, do it. All GOP Texans and DeLay fans will be forever grateful! Hell, the GOP would probably put it on their national website, with your permission, of course!


19 posted on 12/12/2005 3:04:25 PM PST by demkicker
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To: george76

As long as the trial is held in Travis county I don't believe Delay can get justice. There may not be proof of wrongdoing by Delay, but that won't matter to a jury comprised of one part bedwetting Austin liberals and one part Oprah watchers living off welfare checks.


20 posted on 12/12/2005 3:13:44 PM PST by epow ("For unto you is born this day in the city of David a Savior, which is Christ the Lord")
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